DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4-5, 7-8, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahara (JP 2012051470, see machine translation) (of record) and any one of Bender (US 20190344624) and/or Tsihlas et al. (US 20150290891).
Regarding claim 1, Nagahara discloses a tire manufacturing method for obtaining a tire that comprises a tire body part (Fig. 1: 12) and a tread rubber part (Figs. 1, 3a: 11), comprising: a base tire preparation process comprising preparing a base tire (Fig. 1: 12), which is a tire body part of a used tire and will become the tire body part ([0010]); a molded tire assembly process comprising assembling a molded tire by attaching a tread rubber (Figs. 1, 3a: 11), which will become the tread rubber part, to an outer circumference side of the base tire (Fig. 1: 12) that is prepared ([0010], [0019]); a molded tire vulcanization process comprising vulcanizing the molded tire that is assembled ([0019]: wherein the vulcanized tread and based are attached via unvulcanized rubber, and the unvulcanized rubber is vulcanized to join the vulcanized tread and base tire, i.e., vulcanizing the molded tire that is assembled); and a sipe formation process comprising forming a sipe on a surface of a tread (Figs. 2, 4-6: see sipes formed into tread surface), wherein in the molded tire assembly process, a radially inner surface of the tread rubber is substantially flat and is free of any submerged voids (Fig. 3a).
While Nagahara does not expressly recite the sipe formation process comprises forming a sipe on a surface of a tread of the molded tire that is vulcanized, one of ordinary skill in the art would further recognize, or alternatively find obvious, that the sipe formation process comprising forming the sipe on the surface of the tread of the molded tire may be done in a limited number of ways: (1) forming the sipe on the surface of the tread of the molded tire before vulcanization; (2) forming the sipe on the surface of the tread of the molded tire during vulcanization; or (3) forming the sipe on the surface of the tread of the molded tire after vulcanization. In other words, there are a finite number of identified, predictable solutions that a skilled artisan may choose from with a reasonable expectation of success. Absent unexpected results, case law holds that when there is a finite number of identified and predictable solutions, a person of ordinary skill has good reason to pursue known options with his or her technical grasp. See MPEP 2144.04(II)(B). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form the sipe after vulcanization as it is a predictable solution that a skilled artisan may choose from with a reasonable expectation of success.
Additionally, Bender discloses a tire manufacturing method for obtaining a tire that comprises a tire body part (Fig. 1: 12, 16) and a tread rubber part (Figs. 1-2: 14), comprising: a base tire preparation process comprising preparing a base tire, which is a tire body part of a used tire and will become the tire body part ([0087]-[0092]: wherein the tread may be provided on a new or used tire for retreading); a molded tire assembly process comprising assembling a molded tire by attaching a tread rubber, which will become the tread rubber part, to an outer circumference side of the base tire that is prepared ([0092], [0094]); and a sipe formation process comprising forming a sipe on a surface of a tread of the molded tire that is vulcanized ([0042], [0057]), wherein in the molded tire assembly process, a radially inner surface of the tread rubber is substantially flat and is free of any submerged voids (Fig. 2: see radially inner surface of tread 14 being substantially flat and free of submerged voids). Bender further discloses that the sipe formation process comprises forming the sipe on the surface of the tread of the molded tire either during curing or post curing ([0041]-[0042]). Case law holds that it is prima facie obvious to substitute equivalents known for the same purpose. See MPEP 2144.06. In this case, Bender teaches that forming sipes in the tread during or after vulcanization are interchangeable steps. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form the sipe after vulcanization as it is a generally known step in the tire retread art, as taught by Bender.
Additionally or alternatively, Tsihlas discloses a tire manufacturing method for obtaining a tire that comprises a tire body part (Fig. 1: 11, 12, 14) and a tread rubber part (Fig. 1: 20; Figs. 2A-2D: 200), comprising: a base tire preparation process comprising preparing a base tire, which is a tire body part of a used tire and will become the tire body part ([0020], [0028]); a molded tire assembly process comprising assembling a molded tire by attaching a tread rubber, which will become the tread rubber part, to an outer circumference side of the base tire that is prepared (Fig. 1) ([0020], [0028]); and a sipe formation process comprising forming a sipe (Figs. 2A-2D: 261) on a surface of a tread of the molded tire that is vulcanized ([0023]), wherein in the molded tire assembly process, a radially inner surface of the tread rubber is substantially flat and is free of any submerged voids (Fig. 1: 22; Figs. 2A-2D: 222). Tsihlas further discloses that the sipe formation process comprises forming the sipe on the surface of the tread of the molded tire either during curing or post curing ([0023]). Case law holds that it is prima facie obvious to substitute equivalents known for the same purpose. See MPEP 2144.06. In this case, Tsihlas teaches that forming sipes in the tread before/during (i.e., molded) or after (i.e., sliced or cut) vulcanization are interchangeable steps. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form the sipe after vulcanization as it is a generally known step in the tire retread art, as taught by Tsihlas.
Regarding claim 2, Nagahara further discloses, in the molded tire assembly process, the tread rubber, which has been vulcanized, is wrapped around and attached to the outer circumference side of the base tire via an unvulcanized cushion rubber (Fig. 1: 13) ([0019]).
Regarding claims 4 and 8, Nagahara further discloses, in the sipe formation process, the sipe (Figs. 2, 4-6: see sipes 61, 42c, etc. formed across blocks and ribs in the tread surface) is formed avoiding a joint portion (Figs. 2, 4-6: J) in the tire circumferential direction of the tread rubber of the molded tire.
Regarding claims 5 and 10, Nagahara further discloses, in the sipe formation process, the sipe is formed in a straight line in a direction that is inclined with respect to the tire circumferential direction of the molded tire (Figs. 2, 4-6: see sipes that are slightly inclined at an angle to circumferential direction, such as 42c).
Regarding claims 7 and 14, Nagahara further discloses, in the sipe formation process, a plurality of sipes are formed spaced apart from one another in the tire circumferential direction of the molded tire (Figs. 2, 4-6: see sipes spaced apart from each other in the circumferential direction).
Claim(s) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahara (JP 2012051470, see machine translation) (of record) and any one of Bender (US 20190344624) and/or Tsihlas et al. (US 20150290891) as applied to claims 1-2 above, and further in view of Endo (JP 2014097697, see machine translation) (of record).
Regarding claims 6 and 12, modified Nagahara does not expressly recite that, in the sipe formation process, the sipe is formed so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire.
Endo discloses a tire tread comprising sipes (Figs. 1-2: 5) that improves driving performance on icy roads, water removal effect, and steering stability on dry roads ([0001]-[0002], [0009]), wherein the groove depth of the sipes on the outer side of the land portions in the tire width direction is shallower than on the outer side in the tire width direction (Figs. 2, 4-8, 10-11), and the rigidity of the outer side of the land portions in the tire width direction is higher than on the inner side in the tire width direction ([0011], [0041]). This allows the vehicle to maintain steering stability on dry road surfaces ([0011], [0041]). Therefore, this pneumatic tire can achieve both driving performance on icy roads and steering stability on dry roads ([0011], [0041]). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Nagahara in order to form the sipe so that depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire for the advantages discussed above as taught by Endo.
Claim(s) 6, 12, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahara (JP 2012051470, see machine translation) (of record) and any one of Bender (US 20190344624) and/or Tsihlas et al. (US 20150290891) as applied to claims 1-2 above, and further in view of Kraft (US 2821231).
Regarding claims 6, 12, and 17, modified Nagahara does not expressly recite that, in the sipe formation process, the sipe is formed so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire or that the sipe is formed over an entire width of the tread in the tire width direction such that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire.
Kraft discloses a tire comprising a tread having sipes (Fig. 7: 25), wherein the sipes are formed so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire (Fig. 8), and wherein the sipe is formed over an entire width of the tread (Figs. 7-8: see tread width edges 12, 13) in the tire width direction such that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire (Figs. 7-8) (Col. 1 lines 30-37). In this manner, excellent results are obtained for circumferential rib and groove wear and greater skid resistance (Col. 1 lines 21-24). Moreover, the sipes are most economically formed by a cutting or siping machine, preferably being straight and of uniform width throughout their length (Col. 3 lines 12-14). In other words, the sipes are formed into an already vulcanized tread as they are formed by a cutting or siping machine. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the tread pattern of Nagahara with the one taught by Kraft for the advantages as discussed above, including forming a sipe so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire and so that the sipe is formed over an entire width of the tread in the tire width direction such that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire.
Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahara (JP 2012051470, see machine translation) (of record), Kraft (US 2821231), and any one of Bender (US 20190344624) and/or Tsihlas et al. (US 20150290891).
Regarding claims 16 and 18, Nagahara discloses a tire manufacturing method for obtaining a tire that comprises a tire body part (Fig. 1: 12) and a tread rubber part (Figs. 1, 3a: 11), comprising: a base tire preparation process comprising preparing a base tire (Fig. 1: 12), which is a tire body part of a used tire and will become the tire body part ([0010]); a molded tire assembly process comprising assembling a molded tire by attaching a tread rubber (Figs. 1, 3a: 11), which will become the tread rubber part, to an outer circumference side of the base tire (Fig. 1: 12) that is prepared ([0010], [0019]); a molded tire vulcanization process comprising vulcanizing the molded tire that is assembled ([0019]: wherein the vulcanized tread and based are attached via unvulcanized rubber, and the unvulcanized rubber is vulcanized to join the vulcanized tread and base tire, i.e., vulcanizing the molded tire that is assembled); and a sipe formation process comprising forming a sipe on a surface of a tread (Figs. 2, 4-6: see sipes formed into tread surface), wherein in the molded tire assembly process, a radially inner surface of the tread rubber is substantially flat and is free of any submerged voids (Fig. 3a).
While Nagahara does not expressly recite the sipe formation process comprises forming a sipe on a surface of a tread of the molded tire that is vulcanized, one of ordinary skill in the art would further recognize, or alternatively find obvious, that the sipe formation process comprising forming the sipe on the surface of the tread of the molded tire may be done in a limited number of ways: (1) forming the sipe on the surface of the tread of the molded tire before vulcanization; (2) forming the sipe on the surface of the tread of the molded tire during vulcanization; or (3) forming the sipe on the surface of the tread of the molded tire after vulcanization. In other words, there are a finite number of identified, predictable solutions that a skilled artisan may choose from with a reasonable expectation of success. Absent unexpected results, case law holds that when there is a finite number of identified and predictable solutions, a person of ordinary skill has good reason to pursue known options with his or her technical grasp. See MPEP 2144.04(II)(B). One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form the sipe after vulcanization as it is a predictable solution that a skilled artisan may choose from with a reasonable expectation of success.
Additionally, Bender discloses a tire manufacturing method for obtaining a tire that comprises a tire body part (Fig. 1: 12, 16) and a tread rubber part (Figs. 1-2: 14), comprising: a base tire preparation process comprising preparing a base tire, which is a tire body part of a used tire and will become the tire body part ([0087]-[0092]: wherein the tread may be provided on a new or used tire for retreading); a molded tire assembly process comprising assembling a molded tire by attaching a tread rubber, which will become the tread rubber part, to an outer circumference side of the base tire that is prepared ([0092], [0094]); and a sipe formation process comprising forming a sipe on a surface of a tread of the molded tire that is vulcanized ([0042], [0057]), wherein in the molded tire assembly process, a radially inner surface of the tread rubber is substantially flat and is free of any submerged voids (Fig. 2: see radially inner surface of tread 14 being substantially flat and free of submerged voids). Bender further discloses that the sipe formation process comprises forming the sipe on the surface of the tread of the molded tire either during curing or post curing ([0041]-[0042]). Case law holds that it is prima facie obvious to substitute equivalents known for the same purpose. See MPEP 2144.06. In this case, Bender teaches that forming sipes in the tread during or after vulcanization are interchangeable steps. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form the sipe after vulcanization as it is a generally known step in the tire retread art, as taught by Bender.
Additionally or alternatively, Tsihlas discloses a tire manufacturing method for obtaining a tire that comprises a tire body part (Fig. 1: 11, 12, 14) and a tread rubber part (Fig. 1: 20; Figs. 2A-2D: 200), comprising: a base tire preparation process comprising preparing a base tire, which is a tire body part of a used tire and will become the tire body part ([0020], [0028]); a molded tire assembly process comprising assembling a molded tire by attaching a tread rubber, which will become the tread rubber part, to an outer circumference side of the base tire that is prepared (Fig. 1) ([0020], [0028]); and a sipe formation process comprising forming a sipe (Figs. 2A-2D: 261) on a surface of a tread of the molded tire that is vulcanized ([0023]), wherein in the molded tire assembly process, a radially inner surface of the tread rubber is substantially flat and is free of any submerged voids (Fig. 1: 22; Figs. 2A-2D: 222). Tsihlas further discloses that the sipe formation process comprises forming the sipe on the surface of the tread of the molded tire either during curing or post curing ([0023]). Case law holds that it is prima facie obvious to substitute equivalents known for the same purpose. See MPEP 2144.06. In this case, Tsihlas teaches that forming sipes in the tread before/during (i.e., molded) or after (i.e., sliced or cut) vulcanization are interchangeable steps. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form the sipe after vulcanization as it is a generally known step in the tire retread art, as taught by Tsihlas.
However, modified Nagahara does not expressly recite that, in the sipe formation process, the sipe is formed so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire and the sipe has a width that is substantially constant along a depth direction of the sipe, or that the sipe is formed over an entire width of the tread in the tire width direction such that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire.
Kraft discloses a tire comprising a tread having sipes (Fig. 7: 25), wherein the sipes are formed so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire (Fig. 8), wherein the sipe is formed over an entire width of the tread (Figs. 7-8: see tread width edges 12, 13) in the tire width direction such that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire (Figs. 7-8), and wherein the sipe has a width that is substantially constant along a depth direction of the sipe (Col. 1 lines 30-37; Col. 3 lines 12-14; Col. 4 lines 37-38). In this manner, excellent results are obtained for circumferential rib and groove wear and greater skid resistance (Col. 1 lines 21-24). Moreover, the sipes are most economically formed by a cutting or siping machine, preferably being straight and of uniform width throughout their length (Col. 3 lines 12-14). In other words, the sipes are formed into an already vulcanized tread as they are formed by a cutting or siping machine. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the tread pattern of Nagahara with the one taught by Kraft for the advantages as discussed above, including forming a sipe so that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire and so that the sipe is formed over an entire width of the tread in the tire width direction such that a depth of the sipe becomes deeper as it approaches the center in the tire width direction of the molded tire.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-8, 10, 12, 14, and 16-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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